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#1821685 - 06/07/13 02:23 PM Anti-Tying Policy & Training Requirements
A.B. Offline
100 Club

Registered: 11/04/05
Posts: 140
Loc: KY
We have an anti-tying policy and it mentions training requirements. We recently received an audit and it recommended we identify and maintain records of the training content used in the training. Would anyone have anything to share related to any anti-tying content used for employee training?

Thanks.
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#1821697 - 06/07/13 02:29 PM Re: Anti-Tying Policy & Training Requirements [Re: A.B.]
rlcarey Offline
10K Club

Registered: 07/16/01
Posts: 48565
Loc: Galveston, TX
Why in the world would you have a training requirement built into your anti-tying policy? I'm even wondering why you have an anti-tying policy to begin with? Isn't all pricing and product development controlled by management and not the general employee population to which the policy would apply???
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#1821712 - 06/07/13 02:58 PM Re: Anti-Tying Policy & Training Requirements [Re: A.B.]
A.B. Offline
100 Club

Registered: 11/04/05
Posts: 140
Loc: KY
The creation of the policy was based on complying with a regulator recommendation and the subsequent recommendation for training requirements was again, based on regulator recommendation. And you are correct, pricing and product development is controlled by management. However, it appears in this case, they want some training materials that reflect 'if you offer this, then you cannot offer this'. Section VII of the Anti-Tying Restrictions of Section 106 of the Bank Holding Company Act Amendments of 1970 refers to internal controls to ensure compliance.
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#1821713 - 06/07/13 03:00 PM Re: Anti-Tying Policy & Training Requirements [Re: A.B.]
rlcarey Offline
10K Club

Registered: 07/16/01
Posts: 48565
Loc: Galveston, TX
I think your regulators were searching desperately for something to do, either that or you have had violations in the past, as I have been in a lot of banks and I can tell you none of them has anything like this in place. How many years ago was this - within the last decade??? And when you say recommendation - as in cited in a exam report - or are you talking about one examiner's personal opinion?
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#1821944 - 06/10/13 09:56 AM Re: Anti-Tying Policy & Training Requirements [Re: A.B.]
A.B. Offline
100 Club

Registered: 11/04/05
Posts: 140
Loc: KY
The creation of an anti-tying policy was recommended from our Federal Reserve examiners approximately 3 years. We complied and created the policy of course. The training requirement was a recommendation made during this year's examination. And yes, this is an actual recommendation to include specific details on employee training requirements within the policy.
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#1821950 - 06/10/13 10:09 AM Re: Anti-Tying Policy & Training Requirements [Re: A.B.]
rlcarey Offline
10K Club

Registered: 07/16/01
Posts: 48565
Loc: Galveston, TX
Like I said, either there are some real underlying causes for this recommendation that are not being properly conveyed, or I think your regulators were searching desperately for something to do.

If you are looking for anti-tying training materials from other banks, I think it is going to be few and far between, but maybe you will get lucky. Good luck.
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#1821987 - 06/10/13 12:16 PM Re: Anti-Tying Policy & Training Requirements [Re: A.B.]
A.B. Offline
100 Club

Registered: 11/04/05
Posts: 140
Loc: KY
No underlying issues here, no prior violations other than not having an actual policy a few years ago, nada. We believe it to be the latter of the two you mentioned.

Thanks for your input.
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#1821990 - 06/10/13 12:23 PM Re: Anti-Tying Policy & Training Requirements [Re: A.B.]
EdAudit Online
Power Poster

Registered: 07/18/08
Posts: 2624
Loc: You are here
http://www.gpo.gov/fdsys/pkg/FR-2003-08-29/pdf/03-22091.pdf

If you search the document for train it appears that training is all over the interpretation.

But I agree that there may be some issues (or adgenda).
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#1822013 - 06/10/13 12:59 PM Re: Anti-Tying Policy & Training Requirements [Re: A.B.]
rlcarey Offline
10K Club

Registered: 07/16/01
Posts: 48565
Loc: Galveston, TX
A.B. - I assume that you are selling a lot of products in which tying would be prohibited???
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#1822032 - 06/10/13 01:41 PM Re: Anti-Tying Policy & Training Requirements [Re: A.B.]
A.B. Offline
100 Club

Registered: 11/04/05
Posts: 140
Loc: KY
Thanks Ed. I've got the same federal reserve document and in Part VII, it just mentions training requirements suitable for size and complexity of the institution.

I knew this was going to be an odd request just due to the very nature of the recommendation. We have affiliates that fall under the holding company, hence the policy and recommendation but we have never been cited for any of the examples that reflect prohibited ties. Again, they just simply wanted the training more defined.
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